ccswks 12-27-1989
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SPECIAL MEETING OF THE CITY COUNCIL
DECEMBER 27, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, December 27, 1989, at 7:00 p.m. in the Conference Room
of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas.
The following members were present: Mayor Earl W. Sawyer,
presidingi Earl P. Hartzogi Hal Baldwini Barbara Stanhopei Mary
Marsh and Ken Greenwald. Staff present were City Manager Kerry
R. Sweatt and City Secretary June G. Krause.
# 1 PUBLIC HEARING: The City Council to receive citizen
input on the proposed annexation of five tracks out of Comal and
Guadalupe Counties, containing approximately 854.52 acres.
Mayor Sawyer explained that this is the second public hearing on
this subject and asked if there was anyone present who would like
to speak.
Mrs. Elvira Hild asked if all her property was being proposed for
annexation. Mr. Sweatt pointed out on the map all the areas
being considered, which did include Mrs. Hild's property.
In answer to a Council question, Mr. Sweatt said he did not
bel ieve there would be any additional cost to the City by this
annexation. Mr. Sweatt said that our best estimate, taking
everything into consideration, showed the total taxes on all the
property proposed for annexation would not be more than $17,500
a t our current tax rate. The Fire Department, Po 1 ice and SAFES
generally cover this area already. As for the street maintenance
in Freeway Manor, he was not prepared to discuss at that time -
the streets are not dedicated streets so there would be no
additional costs to the City. Extension of water and sewer would
be done under the same policies as are now in place.
Mr. Sweatt asked to touch on a couple of questions that were
raised at the first public hearing. He said one individual
indicated that a discussion had been had and an offer was made to
furnish street material for paving or rebuilding of a street in
the FM 482 and Hubertus Road area and that someone in Schertz had
turned it down. He said we followed up on that, and that was not
the case. The offer was made apparently to a County Commissioner
in Comal County and the Commissioner turned it down because he
did not want his equipment to work inside the City limits. The
issue never came to the City of Schertz. In the FM 482 area, we
have had three fire call s there during the year 1989, in which
the Schertz Fire Department answered immediate fire requests.
Prior to that we had about three grass fires in 1988, to which we
responded. 9-1-1 service is available, to the best of our
knowledge, to all areas of the City and as soon as these areas
are annexed, they will have that service also. We have had
animal control calls in this area also.
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A question was also raised regarding City expenditures on
Weiderstein Road. We have gone back through our records and we
have spent over $2000 in material costs in the last 24 months and
over 350 manhours on Wiederstein Road alone.
Chief Agee added that the police have answered some calls in this
area also. Some of the calls were not in their jurisdiction, but
they responded anyway. He said they will respond even though
they cannot file the case. Chief Agee added that he had not
received one phone call or inquiry from any of the people he
handed his card to after the last public hearing.
Mr. Hartzog mentioned that Schertz is bringing in more and more
territory that is in the Green Valley service area. He then
asked if we have done anything about a franchise fee from them.
Mayor Sawyer said he did not know if we can franchise themi but
we can make them an offer for their customers and buy them out.
There being no further comments, Mayor Sawyer declared the public
hearing closed at 7:26 p.m.
#2 HEARING OF RESIDENTS: None
'3 Consideration of January 2, 1990 agenda items:
A. Ordinance amending the Code, Section 18-76 Speed
Limits.
Mrs. Stanhope said she had done some checking about changing the
speed limit on East Live Oak Road and everyone contacted seem to
think it would be a good idea. They did ask that if this was
done to also look at the speed on Schertz Parkway.
B. Ordinance adopting quidelines and criteria for tax
abatement and reinvestment zones.
Mr. Sweatt said that when this is on the next agenda, it would be
appropriate that Council designate one or more members to work
with one or more members of the Task Force and our staff and put
together an information group so they can go to Guadalupe County
and the two school districts to discuss implementation of an
overall tax abatement policy for all of the jurisdictions
involved.
Mayor Sawyer asked for volunteers and both Mr. Hartzog and Mrs.
Marsh volunteered for this.
14 Discussion of PAZ recommendations for amending the Sign
Ordinance.
Mr. Sweatt said this is an outgrowth of discussions had at
workshops on garage sales. He said he had asked staff and P&Z to
take a look at what could be done. This ordinance is the third
effort and by no means has unanimous support. P&Z wanted it
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brought to Council for comments and direction. He said we
currently have a policy whereby the City Manager is authorized to
issue a permit, which is basically to post a garage sale sign on
public right of way. This permit states where the signs may not
be placed and there is no fee. During 1988 we had 172 of those
requests, and that number probabl y did not represent more than
15% of total garage sale signs put out. As best as we could
ascertain 101 of those only had one sale during the nine month
period, 19 had two sales, 8 had three sales, 1 had four sales and
1 had five sales during that same period of time. The perceived
problem was two-fold. There are some people out there abusing
the garage sale process and signs are posted everywhere.
Mrs. Marsh said this proposed ordinance is a very fine piece of
work. She said she tends to agree that a large portion of it
would be unenforceable. She said what she did not like to see
was a lot of garage sale signs allover the place because it
trashes up the City. She would like to see a designated area for
all signs. She said she does believe that permits should be let
and al so that there should be a small fee associated with it.
She said she did feel the ordinance could be cut down just a
little.
Mr. Sweatt said one thing to consider is for the City to sell the
sign itself and let that be the permit. This would be the only
kind of signs that would be legal.
Mr. Wilman said the problem is that the City does not have any
property on a corner to designate for these signs.
Mr. Hartzog said one of the Cities he had talked with said they
use one newspaper and put in an ad for everyone who wanted to
have a garage sale at any given time. The fee would have to be
sufficient to cover the cost of the ad in the newspaper. Mr.
Hartzog said he did like what is in the ordinance.
Council discussed at length the pros and cons of garage sales -
what restrictions on numbers, how to issue permits, how they
should be advertised, etc. Mr. Hartzog volunteered to work on
this ordinance and bring back some recommendations to Council.
IS Discussion of SB336 Advisory Committee recommendation on
Public Hearing date for land use assumption.
Mr. Sweatt said this item is for information only. The Advisory
Committee has planned a public hearing on or about February 13,
1990 and just wanted to call it to Council's attention.
'6 Discussion of Bellringer List.
Mr. Sweatt had revised the
presented the shortened form,
items that seemed redundant.
list at Council's request and
saying that he had removed those
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Council suggested deleting item 17, as that requirement is
already in the ordinance concerning inspection of streets. There
was al so questions concerning item 19 - sidewalks on FM 3009.
Mayor Sawyer asked the City Manager to research the files because
Council was sure that sidewalks would be paid for by the
developer and the money would be escrowed until the improvements
were made. Council then added three items to the Bellringer
list Franchise Fees, other water suppliers i purchase Green
Valley service lines and Freeport tax.
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Force.
Discussion of Inter Local Agreement, Alamo Area Task
Mr. Sweatt said that if Council concurred with the agreement
presented, it would be placed on the next action agenda. Council
agreed.
18 Discussion of ordinance regarding failure to return
library materials.
Mr. Sweatt said that we all know that libraries are for use of
the publici but we also know that there are some people who fail
to return books and other items. This ordinance will give us
some authority - not to discourage use of the library, but to qet
those few to return what they borrow.
Librar ian, Gail Douglas, said that year before last she pulled
all books that she did not think would be returned and at $27.50
per book, the total amount was $5500. She said that now all she
can do is call people and ask them to return books.
Council agreed it was a good ordinance and should be considered.
19 Discussion regarding radio and auto equipment financing
proposals.
Mr. Sweatt advised that he had sent requests for proposals to
eight financing institutions. As of the deadline, we only
received two back Schertz Bank & Trust, in the amount of
$14,432 for radio and $36,082.05 for vehicles; and Capitol City
Financing for $14,355.78 for radios and $35,840.41 for vehicles.
We were going to recommend going with the Schertz Bank, even
though it seemed a little high. However, in talking with the
Financial Advisor, we could up our Bond package from $750,000 to
$800,000, with this portion to be paid off in three years, and
qet a much better interest rate. He said that he was suggesting
that we notify the bidders that we have chosen to reject all
bids. This would be an item on the next action agenda for vote.
#10 CITY MANAGER'S REPORT: no items.
# 11 ITEMS BY COUNCIL: Mr. Hartzoa: A. We have talked
about streets in Mobile Villa but was not going to do anything
until the water lines were put in. What is the status?
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Mr. Sweatt said that water and sewer lines for this area are not
included in this year's budget and you will recall that water and
sewer projects were deleted from the initial Bond issue. The
street work stayed in the overall issuei but we have only sold
the first portion of the GO Bonds and the streets are in the
unsold portion.
Mr. Hartzog then asked if it would be possible, with the work
being done on I-35, to put a sewer line across I-35. Mayor
Sawyer advised that the City could save a tremendous amount of
money if we could pay to have the Highway Department bore under
I-35 for utility lines. Mr. Sweatt said he would look into that.
B. Mr. Hartzog mentioned that he noticed that Schertz Parkway at
I-35 had been cut. Mr. Sweatt said the Telephone Company did
that and they had a permit and were in the State's right-of-way.
C. On Colony Drive where it crosses Marilyn where the water line
was put in, those cuts are sinking. He said he thought we were
still under warranty and the contractor should be contacted to
correct this.
D. What is going to be done with Antler and Fawn? He said he
would like to see some trees removed at least, even if the City
does not widen the pavement. Mayor Sawyer said we could remove
the trees on the right-of-way but would have to have permission
of the property owners for those on private property. Mr.
Sawyer reminded Council that Mr. Baldwin had a public hearing on
this subject.
Mr. Baldwin said that the results of the public hearing was that
the concensus of the residents on Antler was to just not touch
it. They were satisfied with the road and the trees. On Fawn
Drive, it was about 50-50, half wanted to leave it alone and half
wanted the street widened and to remove some of the trees.
Mr. Sweatt said their basic request is to widen the street and do
something to retain its character but to stabilize the drainage.
He said he did not have a good answer because the two are
somewhat incompatible. Mr. Sweatt said he would get some
engineer ing opinions as to the best manner of resolving the
drainage and street surfacing.
E. What about upping the speed limit on Schertz Parkway? Mayor
Sawyer asked the Chief of Police to check this out.
F. Asked about the County permit for the Boeck Landfill. He
asked if we were too late. Mr. Sweatt said no, we have written
two letters requesting a public hearing and have not heard back
but we do expect to have a reply.
Mrs. Stanhope: A. How did the animals do at the shelter during
the last cold spell. Mr. Sweatt said we had no problems.
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B. Has the Herald actual I y been adopted as the City's official
newspaper. Mr. Sweatt said yes, the Herald has been. There are
some criteria issued by the Attorney General that has to be met
to be designated as the official paper. The Herald met almost
all the criteria at that time because they had subscriptions. In
order for the Recorder to meet this criteria, they would run the
ad at one rate in the throw-away paper and at a cheaper rate in
one of their other papers that is a subscription rate. Mayor
Sawyer suggested Council should talk about an official newspaper.
C. Has there been any discussion on getting the speed bumps at
the Housing Authority? The Housing Authority said this was
brought up with City officials and they have not heard from
anyone. The streets have been dedicated to the City i but they
hope it could be waived to put in bumps. Mr. Sweatt was not
aware of this request but said if the streets are dedicated, we
would be against speed bumps.
Chief Agee related his experience in the past of being contacted
and the speeders were mostly delivery people. He had personally
contacted UPS delivery people and was assured it would be
investigated.
Mr. Baldwin wished everyone a Happy New Year.
Mr. Greenwald said he would al so like to look at an official
newspaper. He said he thought the Herald had lost their class 2
mailing permit. Mr. Sweatt said we would solicit proposals.
#12 ITEMS BY MAYOR: none
# 13 ADJOURNMENT: There being no
Sawyer declared the meeting adjourned at
Mayor
ATTEST:
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